Detailed Rules For The Implementation Of International Judicial Cooperation In Criminal Matters

This paper analyzes, on the one hand, the existing casuistry in relation to the applicability and functionality of the criminal procedural law in the everyday practice in international judicial cooperation, casuistry which concerns the territoriality principle as a fundamental principle, as well as the implications of this principle with respect to the crime phenomenon which requires the states’ vigilance to fight against crime, this being possible under lawful conditions only by establishing certain jurisdiction rules (quod competit cuique) imperious both at internal and European level, and the exceptions from the territoriality principle of the criminal procedural law, and, on the other hand, theoretical and practical aspects related to the application of Law no. 302/2004, as subsequently amended, and the methods of international judicial cooperation in criminal matters. The examining of this issue is required given the importance of the notion analyzed in the light of the functioning of the criminal proceedings mechanism, and given the progress of the Romanian law system, characterized by relevant regulations, which tend to integrate the Romanian legislation into the legislative system of the European Union.